702 Music withNonn Botha

A Durban-based company has fired three of its employees after testing high for marijuana.

The company had ordered the employees to take urine tests, and they came out positive.

The Commission for Conciliation, Mediation and Arbitration (CCMA) upheld the decision by the company to fire the workers, saying it was within the company's right to do so.

However, Professor Pierre de Vos, Claude Leon Foundation chair in constitutional governance at the University of Cape Town (UCT) and author of the blog Constitutionally Speaking, says the CCMA got it wrong.

The problem with the CCMA case is that the CCMA didn't realise the urine test doesn't test at all whether that morning when you got to the office, you were still high on dagga.